Bill Text: IL HB5579 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Anatomical Gift Act. Provides that an anatomical gift may be made, for the training of search and rescue canines, to a person operating within a State agency, emergency management agency, or local law enforcement agency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5579 Detail]

Download: Illinois-2017-HB5579-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5579 Introduced , by Rep. Dan Brady SYNOPSIS AS INTRODUCED:
755 ILCS 50/5-12
Amends the Illinois Anatomical Gift Act. Provides that an anatomical gift may be made, for the training of search and rescue canines, to a person operating within a State agency, emergency management agency, or local law enforcement agency.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Anatomical Gift Act is amended by
changing Section 5-12 as follows:
(755 ILCS 50/5-12)
Sec. 5-12. Persons who may receive an anatomical gift;
purpose of anatomical gift.
(a) An anatomical gift may be made to the following persons
named in the document of gift:
(1) for research or education, a hospital; an
accredited medical school, dental school, college, or
university; an organ procurement organization; or other
appropriate person;
(2) subject to subsection (b) of this Section, an
individual designated by the person making the anatomical
gift if the individual is the recipient of the part;
(3) an eye bank or tissue bank; or
(4) for research or education, a non-transplant
anatomic bank; or .
(5) for the training of search and rescue canines, a
person operating within a State agency, emergency
management agency, or local law enforcement agency.

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(b) If an anatomical gift to an individual under item (2)
of subsection (a) of this Section cannot be transplanted into
the individual, the part passes in accordance with subsection
(g) of this Section unless there is an express, contrary
indication by the person making the anatomical gift.
(c) If an anatomical gift of one or more specific parts or
of all parts is made in a document of gift that does not name a
person described in subsection (a) of this Section, but
identifies the purpose for which an anatomical gift may be
used, the following rules apply:
(1) If the part is an eye and the gift is for the
purpose of transplantation or therapy, the gift passes to
the appropriate eye bank.
(2) If the part is tissue and the gift is for the
purpose of transplantation or therapy, the gift passes to
the appropriate tissue bank.
(3) If the part is an organ and the gift is for the
purpose of transplantation or therapy, the gift passes to
the appropriate organ procurement organization as
custodian of the organ.
(4) If the part is an organ, an eye, or tissue and the
gift is for the purpose of research or education, the gift
passes to the appropriate procurement organization.
(d) For the purpose of subsection (c) of this Section, if
there is more than one purpose of an anatomical gift set forth
in the document of gift but the purposes are not set forth in

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any priority, and if the gift cannot be used for
transplantation or therapy, the gift may be used for research
or education.
(e) If an anatomical gift of one or more specific parts is
made in a document of gift that does not name a person
described in subsection (a) of this Section and does not
identify the purpose of the gift, the gift may be used only for
transplantation or therapy or research, and the gift passes in
accordance with subsection (g) of this Section.
(f) If a document of gift specifies only a general intent
to make an anatomical gift by words such as "donor", "organ
donor", or "body donor", or by a symbol or statement of similar
import, the gift may be used only for transplantation or
therapy or research, and the gift passes in accordance with
subsection (g) of this Section.
(g) For purposes of subsections (b), (e), and (f) of this
Section, the following rules apply:
(1) If the part is an eye, the gift passes to the
appropriate eye bank.
(2) If the part is tissue, the gift passes to the
appropriate tissue bank.
(3) If the part is an organ, the gift passes to the
appropriate organ procurement organization as custodian of
the organ.
(h) An anatomical gift of an organ for transplantation or
therapy, other than an anatomical gift under item (2) of

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subsection (a) of this Section, passes to the organ procurement
organization as custodian of the organ.
(i) If an anatomical gift does not pass under this Section
or the decedent's body or part is not used for transplantation,
therapy, research, or education, custody of the body or part
passes to the person under obligation to dispose of the body or
part.
(j) A person may not accept an anatomical gift if the
person knows that the gift was not effectively made under
Section 5-5 or subsection (e) or (e-5) of Section 5-20 or if
the person knows that the decedent made a refusal under Section
5-43 that was not revoked.
(k) Except as otherwise provided in item (2) of subsection
(a) of this Section, nothing in this Act affects the allocation
of organs for transplantation or therapy.
(Source: P.A. 98-172, eff. 1-1-14.)